49:1596(145)RO - - National Park Service, Santa Monica Mountains Recreation Area, Agoura Hills, CA and Laborers' Intl. Union of North America - - 1994 FLRAdec RP - - v49 p1596
[ v49 p1596 ]
The decision of the Authority follows:
49 FLRA No. 145
FEDERAL LABOR RELATIONS AUTHORITY
U.S. NATIONAL PARK SERVICE
SANTA MONICA MOUNTAINS RECREATION AREA
AGOURA HILLS, CALIFORNIA
LABORERS' INTERNATIONAL UNION OF
NORTH AMERICA, AFL-CIO
ORDER GRANTING APPLICATION FOR REVIEW
July 15, 1994
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This case is before the Authority on an application for review filed by the Petitioner (the Union) under section 2422.17(a) of the Authority's Rules and Regulations. A representation election was conducted in which ballots were cast both manually and by mail. Of the 35 valid votes counted, 17 were cast for the Union and 15 were cast against exclusive recognition. The Activity challenged three ballots, which were sufficient in number to affect the results of the election. In addition, following the election, the Activity filed an objection to the procedural conduct of the election.
Following an investigation of the objection and challenged ballots, the Acting Regional Director (ARD) issued his Decision and Order on Objection and Determinative Challenged Ballots. With respect to the Activity's objection to the procedural conduct of the election, the ARD sustained the portion of the Activity's objection that alleged that two employees who were absent from the worksite on the day of the election because they were away on training were improperly deprived of the opportunity to vote. With respect to the three challenged ballots, the ARD sustained the challenge to the ballot of one individual; and overruled the challenge to the ballots of the other two individuals and ordered that their ballots be opened and counted and that a revised tally of ballots be issued. The ARD stated that if the revised tally of ballots revealed that the votes of the two employees who were away on training on the day of the election would have been determinative of the outcome of the election, then the election would be set aside and a new election held. The ARD further stated that if the votes of those two employees would not have been determinative of the outcome of the election, the appropriate certification, based on the revised tally of ballots, would be issued.
The Union seeks review of the ARD's decision insofar as the ARD sustained the portion of the Activity's objection to the procedural conduct of the election and sustained the challenge to the ballot of one employee. The Activity did not file an opposition to the application for review.
We find that the Union has established that compelling reasons exist for granting the application for review of the ARD's decision and order pursuant to the provisions of section 2422.17 of the Authority's Rules and Regulations. In particular, we grant the application for review as to the following issues: (1) Whether two employees who were absent from the worksite on the day of the election because they were away on training were improperly deprived of the opportunity to vote and, if so, whether the election should be set aside; (2) Whether, noting the definition of "firefighter" under section 7103(a)(17) of the Statute, the individual whose ballot challenge